Freedom of Religion in Moldova

Freedom Of Religion In Moldova

The Constitution provides for freedom of religion, and the Government generally respects this right in practice; however, the 1992 Law on Religions, which codifies religious freedoms, contains restrictions that inhibit the activities of unregistered religious groups. Although the law was amended in 2002, many of the restrictions remain in place. The law provides for freedom of religious practice, including each person's right to profess his or her religion in any form. It also protects the confidentiality of the confessional, allows denominations to establish associations and foundations, and states that the Government may not interfere in the religious activities of denominations. The law specifies that "in order to organize and function", religious organizations must be registered with the Government, and unregistered groups may not own property, engage employees, or obtain space in public cemeteries in their own names.

There is no state religion; however, the Metropolis of Chişinău and Moldova receives some favored treatment from the Government. The Metropolitan of Chişinău and Moldova has a diplomatic passport. Other high-ranking Orthodox Church officials also reportedly have diplomatic passports issued by the Government.

The procedures for registering a religious organization are the same for all groups. In 2002, Parliament adopted amendments to the Law on Religions. A religious organization wishing to register must present a declaration of creation, by-laws, and an explanation of its basic religious beliefs to the State Service on Religious Issues. The State Service on Religious Issues enters the religious organization into the Register of Religions within 30 working days. Under the new procedures, at the request of the State Service on Religious Issues, a court can annul the recognition of the religious organization if the organization "carries out activities that harm the independence, sovereignty, integrity, and security of the Republic of Moldova, the public order, or are connected with political activities." The amendments also provide that religious organizations are prohibited from including in their by-laws any provisions that would violate the Constitution or any other laws.

The Government has recognized and registered 21 religious organizations, many of which are umbrella organizations with sub-entities throughout the country. Although the 2002 amendments to the Law on Religions were intended to simplify the registration process and make the process essentially automatic, the State Service on Religious Issues continues to deny the registration of somegroups, such as the Spiritual Organization of Muslims. Members of this organization repeatedly tried to register with the State Service on Religious Issues and their applications were denied because the State Service claimed their documents were not in order. A number of other organizations have been denied registration or encountered difficulties in connection with their registration applications.

In 1999, amendments to the Law on Religions legalizing proselytizing went into effect. However, the law explicitly forbids "abusive proselytizing", which is defined as an attempt to influence an individual's religious faith through violence or abuse of authority.

In 2002, a new draft Law on Religions, which contained numerous contentious provisions, was circulated. The draft law originally contained numerous restrictive measures. The draft law has since been revised, and it appears that many of the restrictive articles have been deleted.

In February 2003, a new Law on Combating Extremism was passed by Parliament and took effect in March 2003. Critics of the law raised concerns that the law could be used to abuse opposition organizations, which could include religious organizations or individuals who may support or have political ties to certain parties. But in practice this law had never been used against any religious organizations.

A new Criminal Code, adopted by Parliament in April 2002 and in effect since June 2003, includes an article which permits punishment for "preaching religious beliefs or fulfillment of religious rituals, which cause harm to the health of citizens, or other harm to their persons or rights, or instigate citizens not to participate in public life or of the fulfillment of their obligations as citizens." Drafters allegedly copied the passage almost word-for-word from the previous code, which was passed in 1961 when the country was part of the Soviet Union. No organization was prosecuted under this new code.

Article 200 of the Administrative Offenses Code, which was adopted in 1985, prohibits any religious activities of registered or unregistered religions that violate current legislation. The article also allows for the expulsion of foreign citizens who engage in religious activities without the consent of authorities. The Spiritual Organization of Muslims has reported being fined under this provision of law for holding its religious services in a location registered to a charitable organization. The Government charged that their activities are not in line with the stated activities and purposes of the charitable organization.

Foreign missionaries are permitted to enter the country for 90 days on a tourist visa. They have no advantages over other foreigners who wish to stay in the country for longer periods.

In 2000, Parliament amended the Law on Education to make "moral and spiritual instruction" mandatory for primary school students and optional for secondary and university students. The program was introduced gradually, beginning in 2001, for first graders, and then in 2002 and 2003 for second and third graders, respectively. In some schools, there is a class specifically on religion, although this course is conditioned on a request and approval by the parents, and the availability of funds to cover the cost of the course. There are a number of theological institutes, seminaries, and other places of religious education in the country.

Two public schools and a kindergarten are open only to Jewish students, and a kindergarten in Chişinău has a special "Jewish group". These schools receive the same funding as other state schools and are supplemented by financial support from the community. However, Jewish students are not restricted to these schools. There are no comparable schools for other religious faiths and no reports of such schools for other religious faiths. Agudath Israel operates a private boys' yeshiva and a girls' yeshiva, both licensed by the Ministry of Education. The total enrollment of both schools is fewer than 100 students. Total enrollment for all Jewish related schools, including those operated by Agudath Israel and public schools, is approximately 300.

The authorities in Transnistria also impose registration requirements that negatively affect religious groups and have denied registration to some groups. In April, a new draft Law on Religions, which reportedly contained numerous contentious provisions, was brought before the Transnistrian Supreme Soviet. Following strong objections from the Orthodox Bishop of Tiraspol and some legislators, the draft was sent back for revisions. Despite these protests, the objectionable provisions of the draft law are reportedly strongly supported by a number of high-level authorities in Transnistria.